DEPARTMENT OF THE NAVY
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

  ex-MN2, USN
Docket No. ND05-00215

Applicant’s Request

The application for discharge review was received on 20041117.  The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions).  The Applicant requests a documentary record review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050511.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain:  UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-144 (formerly 3630610).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “Based on medical records.  Diagnosis of depression while in service and same diagnosis out of service by hospital.  With the support of service record & VA Form 200 21-4138.

To Whom It May Concern:

My name is C_ E_ G_, Jr. (Applicant).  I served from Oct 20, 1996 until discharged with other than honorable discharge in Feb 10 2004.  I’m writing in conjunction to appeal my discharge status from (OTH) to a general discharge.  I know; I may not have had a stellar career but my record shows in my opinion and files such as my service records, letters, accommodations, and medical records.  Will show while during my service, that I was a good sailor and a member of one of the greatest men & woman I know.  I was diagnosed with depression back in 98-99; (early in my career).  While suffering with this disease.  I was able to acquire 2 NAMS, 2 Good Conduct Ribbons and other ribbons as show in my DD214.

I want to base my appeal (upgrade) on my medical records; showing the length of my disease of while serving in the navy and since Feb 10 and Sep 24, 2004.  There are naval doctors and public mental health professionals.  With diagnosis and treatments from the MEPS process at the customs house Houston TX, to the Ripley House in Houston TX.

I would like to show in my behalf.  The paper trail I have collected shows that my discharge was needed.  But also medication to handle my self destructive mental disease.

Im begging on my own behalf.  Look at my medical records and service record please.

Then look at my civilian medical records and compare the diagnosis.  You will see the same results.  But different ways of treatment.  Now I’m on Zoloft 100mg & Brusiprone.  This helped.  But I’m trying to function in society.

I just don’t understand how I was able to maintain a career.  It must have been hell for everyone involved.  And I apologize.  I should have spoken more loudly about my feelings about getting psychiatric help w/meds.  Than the bottle.

So please look at the evidence.  And I respectfully request an upgrade of my discharge from OTH to General.  So that I can also get (attain) better resources to cope with civilian life.”

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

MHMRA of Harris County Service Eligibility Plan, dated 24 Sep 2004
Plan of Care, dated 24 Sep 2004
Metro Reduced Fare Pass, dated 24 Sep 2004

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Inactive: USNR (DEP)	960711 - 961029	COG
	Active:   USN 			961030 - 000430	HON

Period of Service Under Review:

Date of Enlistment:  000501		Date of Discharge:  040209

Length of Service (years, months, days):

	Active:    03  09  08
	Inactive:  None

Age at Entry:  29			Years Contracted:  4 (2 months extension)

Education Level:  13			AFQT:  74

Highest Rate:  MN2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.25 (4)		Behavior:  2.00 (4)		OTA:  3.61

Military Decorations:  NAM, ESWS

Unit/Campaign/Service Awards:  NUC, AFEM, GCM (2), NER, NMOSR, SSDR (2), NDSM, Rifle Marksman Ribbon, Pistol Sharpshooter Ribbon

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MILPERSMAN, Article 1910-144 (formerly 3630610).

Chronological Listing of Significant Service Events:

000501:	Applicant re-enlisted this date for 4 years.

001226:	Commanding Officer requested separation waiver for Applicant.

010102:	Aeromedical Evaluation Patient Record:  Applicant alcohol dependent with a host of personal problems and extensive history of alcohol/drug use.  Personality disorder is noted.

010108:	Applicant commences alcohol rehabilitation, Rota, Spain.

010122:	CNMPC directed the Applicant’s retention.  

010201:	Applicant completed alcohol rehabilitation.  Last drink was on 010103.

010201:	Applicant diagnosed Axis I:  Alcohol dependence with Physiological dependence, Axis II:  Diagnosis deferred.  Applicant recommended to participate in regular meetings with Command DAPA, and abstain from alcohol.

021103:	Applicant arrested for DUI, blood alcohol content was 0.26%.

030913:	Applicant arrested for DUI in the state of California, blood alcohol content was 0.22%.

Complete discharge package unavailable

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040209 under other than honorable conditions for misconduct due to civil conviction (A).  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).  The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1.  Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question.  No such impropriety or inequity is evident during the Applicant’s enlistment.  The Applicant implies that alcoholism and mental illness were the causes of his misconduct.  Notwithstanding the veracity of his claims, such conditions will not normally excuse a service member from legal liability for his misconduct, unless the Applicant can show a lack of mental responsibility through the presentation of substantial and credible evidence.  The evidence of record failed to demonstrate that the Applicant was unable to appreciate the nature and quality or the wrongfulness of his acts.  As such, the Board presumed that the Applicant was responsible for his misconduct and concluded that he should be held accountable for his actions.  Relief denied.

The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 02 until Present, Article 1910-144 (previously 3630610), Separation by Reason of Misconduct - Civilian Conviction. 

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

PART IV - INFORMATION FOR THE APPLICANT

If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive before submitting such a complaint.  The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness.  You may view DoD Directive 1332.28 and other Decisional Documents by going online at “http://Boards.law.af.mil”.

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

		Secretary of the Navy Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023